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Filing # 107569477 E-Filed 05/16/2020 05:25:08 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.: 2019-008931-CA-01
SECTION: CA02
Lamar Mitchell
Plaintiff(s),
UNIFORM ORDER SETTING CAUSE FOR
JURY TRIAL, PRE-TRIAL CONFERENCE,
vs.
AND PRE-TRIAL INSTRUCTIONS
Miami-Dade County et al
Defendant(s)
______________________________________/
THIS CAUSE is hereby set for jury trial before the undersigned Judge at the Dade
County Courthouse, 73 West Flagler Street, Miami, Florida 33130, Room _________ 1407 for the
____ week period commencing:
3
_______________________________,
01-11-2021 or as soon thereafter as the same may be heard.
ALL ATTORNEYS, pursuant to Fla. R. Civ. P. 1.200., are directed to appear before the
undersigned Judge at the Dade County Courthouse for:
Calendar Call on _____________________.
12-17-2020 at 1:30 PM
All attorneys appearing at the Calendar Call shall be thoroughly familiar with the cause and be
prepared to consider and determine such matters as are set forth in Fla. R. Civ. P. 1.200(b).
Failure to appear as directed or to otherwise strictly comply with the terms of this Order may
result in sanctions, including, but not limited to, the dismissal of the action, striking of pleadings,
limiting of proof, striking a witness or such other actions as the Court may deem proper.
It is further Ordered and Adjudged as follows:
1. The parties shall do all things necessary to assure availability of their
witnesses for the entire trial period or to otherwise preserve their testimony for trial as
provided by Florida Rules of Civil Procedure. See Fla. R. Civ. P. 1.300 and 1.460. See Fla. R.
Jud. Adm. 2.085.
2. At least ninety (90) days prior to the first day of the trial period set forth
herein, counsel for each party shall file a list of the proper names and addresses of all
witnesses who are expected to testify in this cause, including all “hybrid” witnesses who may
be considered a fact witness and also give expert testimony.
3. At least sixty (60) days prior to the first day of the trial period set forth herein,
counsel for each party shall file a list of the proper names and addresses of all expert witnesses
retained by the parties who are expected to testify at the trial of this cause. The parties shall
also list the specialty of each expert, what element of the case the expert will express opinions on
(standard of care, causation, damages, etc.), and provide all parties a copy of the experts’
report(s), if applicable, and/or provide a short summary of the testimony expected from each
expert pursuant to Fla. R. Civ. P.1.280(b)(5). Each party is limited to one expert per specialty.
4. Upon receipt of opposing counsel’s expert witness disclosure, each party shall
have fifteen (15) days to list the proper names of additional rebuttal experts or impeachment
witnesses. The parties shall follow the instructions in paragraph 3 with regards to the
information accompanying the listing of additional experts retained by the parties.
5. At the time of the Calendar Call, if necessary, counsel for each party will file any
objections to the authenticity of any records or evidence produced during discovery that are
expected to be introduced into evidence so as to put all parties on notice of the need for a records
custodian witness. Failure to timely file such objection will be deemed as a waiver of any
objection to authenticity. All other substantive objections are preserved.
6. All compulsory medical evaluations pursuant to Fla. R. Civ. P. 1.360 shall be
completed at least forty-five (45) days prior to the first day of the trial period set forth herein.
7. At least thirty (30) days prior to the first day of the trial period set forth herein,
counsel for each party shall file a list of all exhibits intended to be introduced as evidence at trial
and make these exhibits available to opposing counsel for examination and inspection, including
the initialing of the exhibits no later than five (5) days prior to the first day of the trial period.
8. Daubert motions shall be filed thirty (30) days prior to the first day of the trial
period. Hearing on these motions shall be set NOT LATER THAN fifteen (15) days prior to
the first day of the trial period. At the time of the Calendar Call, each party shall make known to
opposing counsel and the court all substantive motions, including all motions in limine, that still
need to be ruled upon prior to trial. Failure to do so may be deemed an abandonment of any
pending motion(s). If any Daubert motion has been timely filed and not heard, it shall be
brought to the attention of the Court at Calendar Call.
9. Discovery shall be concluded at least fifteen (15) days prior to the first day of the
trial period set forth herein. Any further discovery must be conducted by the written stipulation
of all parties or leave of the Court.
10. Ten (10) days prior to the first day of the trial period, the parties shall file their
page-line designation for depositions that they intend to read or play at trial; the opposing party
shall have five (5) days thereafter to file objections and/or counter-designations.
11. Mediation shall have been completed prior to the Calendar Call to either resolve
the case or narrow the issues. The parties shall immediately notify the Court in the event of
settlement and submit a Stipulation and Order of Dismissal. As well, the parties shall advise the
Court of the cancellation of any pending hearings.
12. The parties are directed to exchange proposed jury instructions and verdict forms
at the time of the Calendar Call. At least three (3) days before commencement of the trial
period the parties shall agree on as many jury instructions as possible and be prepared to submit
the agreed instructions to the court as well as designate to the court the proposed instructions in
dispute.
13. Should the parties believe that a different schedule is required for the efficient
administration of this matter, they are encouraged to meet and develop a joint stipulated
order and/or set a case management conference pursuant to Fla. R. Civ. P. 1.200. If parties
expect that the case will require a pretrial conference, they should request and schedule
same sufficiently in advance of trial to permit same to be scheduled.
14. Failure to list a witness or exhibit pursuant to this order may result in the exclusion
of that witness or exhibit from trial.
15. Should this matter be continued or not reached during the trial docket set forth
herein, each time limitation and provision contained herein shall apply to the new trial date.
16. All time periods herein refer to calendar days.
DONE AND ORDERED in Chambers, at Miami-Dade County, Florida, on this
___________________________.
16th day of May, 2020
2019-008931-CA-01 05-16-2020 5:10 PM
__________________________________________
2019-008931-CA-01 05-16-2020 5:10 PM
Alan Fine
CIRCUIT COURT JUDGE
If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact Aliean Simpkins, the Eleventh
Judicial Circuit Court’s ADA Coordinator, Lawson E. Thomas Courthouse
Center, 175 NW 1st Ave., Suite 2400, Miami, FL 33128, Telephone (305)
349-7175; TDD (305) 349-7174, Fax (305) 349-7355, Email:
ADA@jud11.flcourts.org at least seven (7) days before your scheduled court
appearance, or immediately upon receiving this notification if the time before
the scheduled appearance is less than seven (7) days; if you are hearing or
voice impaired, call 711.
Copies Furnished to:
nharney@hamiltonmillerlaw.com
nmhservice@hamiltonmillerlaw.com
Ahermida@forthepeople.com
jjaime@forthepeople.com
andreshermida29@gmail.com
rhartleybelle@hamiltonmillerlaw.com
Ana.Abrahantes-Garcia@miamidade.gov
Nicole.Ramos-Barreau@miamidade.gov
monica.barber@miamidade.gov
frastai@miamidade.gov
Jeane.Neal@miamidade.gov
Ana.Abrahantes-Garcia@miamidade.gov
service@floridamediation.com
Preview
Filing # 107569477 E-Filed 05/16/2020 05:25:08 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO.: 2019-008931-CA-01 SECTION: CA02 Lamar Mitchell Plaintiff(s), UNIFORM ORDER SETTING CAUSE FOR JURY TRIAL, PRE-TRIAL CONFERENCE, vs. AND PRE-TRIAL INSTRUCTIONS Miami-Dade County et al Defendant(s) ______________________________________/ THIS CAUSE is hereby set for jury trial before the undersigned Judge at the Dade County Courthouse, 73 West Flagler Street, Miami, Florida 33130, Room _________ 1407 for the ____ week period commencing: 3 _______________________________, 01-11-2021 or as soon thereafter as the same may be heard. ALL ATTORNEYS, pursuant to Fla. R. Civ. P. 1.200., are directed to appear before the undersigned Judge at the Dade County Courthouse for: Calendar Call on _____________________. 12-17-2020 at 1:30 PM All attorneys appearing at the Calendar Call shall be thoroughly familiar with the cause and be prepared to consider and determine such matters as are set forth in Fla. R. Civ. P. 1.200(b). Failure to appear as directed or to otherwise strictly comply with the terms of this Order may result in sanctions, including, but not limited to, the dismissal of the action, striking of pleadings, limiting of proof, striking a witness or such other actions as the Court may deem proper. It is further Ordered and Adjudged as follows: 1. The parties shall do all things necessary to assure availability of their witnesses for the entire trial period or to otherwise preserve their testimony for trial as provided by Florida Rules of Civil Procedure. See Fla. R. Civ. P. 1.300 and 1.460. See Fla. R. Jud. Adm. 2.085. 2. At least ninety (90) days prior to the first day of the trial period set forth herein, counsel for each party shall file a list of the proper names and addresses of all witnesses who are expected to testify in this cause, including all “hybrid” witnesses who may be considered a fact witness and also give expert testimony. 3. At least sixty (60) days prior to the first day of the trial period set forth herein, counsel for each party shall file a list of the proper names and addresses of all expert witnesses retained by the parties who are expected to testify at the trial of this cause. The parties shall also list the specialty of each expert, what element of the case the expert will express opinions on (standard of care, causation, damages, etc.), and provide all parties a copy of the experts’ report(s), if applicable, and/or provide a short summary of the testimony expected from each expert pursuant to Fla. R. Civ. P.1.280(b)(5). Each party is limited to one expert per specialty. 4. Upon receipt of opposing counsel’s expert witness disclosure, each party shall have fifteen (15) days to list the proper names of additional rebuttal experts or impeachment witnesses. The parties shall follow the instructions in paragraph 3 with regards to the information accompanying the listing of additional experts retained by the parties. 5. At the time of the Calendar Call, if necessary, counsel for each party will file any objections to the authenticity of any records or evidence produced during discovery that are expected to be introduced into evidence so as to put all parties on notice of the need for a records custodian witness. Failure to timely file such objection will be deemed as a waiver of any objection to authenticity. All other substantive objections are preserved. 6. All compulsory medical evaluations pursuant to Fla. R. Civ. P. 1.360 shall be completed at least forty-five (45) days prior to the first day of the trial period set forth herein. 7. At least thirty (30) days prior to the first day of the trial period set forth herein, counsel for each party shall file a list of all exhibits intended to be introduced as evidence at trial and make these exhibits available to opposing counsel for examination and inspection, including the initialing of the exhibits no later than five (5) days prior to the first day of the trial period. 8. Daubert motions shall be filed thirty (30) days prior to the first day of the trial period. Hearing on these motions shall be set NOT LATER THAN fifteen (15) days prior to the first day of the trial period. At the time of the Calendar Call, each party shall make known to opposing counsel and the court all substantive motions, including all motions in limine, that still need to be ruled upon prior to trial. Failure to do so may be deemed an abandonment of any pending motion(s). If any Daubert motion has been timely filed and not heard, it shall be brought to the attention of the Court at Calendar Call. 9. Discovery shall be concluded at least fifteen (15) days prior to the first day of the trial period set forth herein. Any further discovery must be conducted by the written stipulation of all parties or leave of the Court. 10. Ten (10) days prior to the first day of the trial period, the parties shall file their page-line designation for depositions that they intend to read or play at trial; the opposing party shall have five (5) days thereafter to file objections and/or counter-designations. 11. Mediation shall have been completed prior to the Calendar Call to either resolve the case or narrow the issues. The parties shall immediately notify the Court in the event of settlement and submit a Stipulation and Order of Dismissal. As well, the parties shall advise the Court of the cancellation of any pending hearings. 12. The parties are directed to exchange proposed jury instructions and verdict forms at the time of the Calendar Call. At least three (3) days before commencement of the trial period the parties shall agree on as many jury instructions as possible and be prepared to submit the agreed instructions to the court as well as designate to the court the proposed instructions in dispute. 13. Should the parties believe that a different schedule is required for the efficient administration of this matter, they are encouraged to meet and develop a joint stipulated order and/or set a case management conference pursuant to Fla. R. Civ. P. 1.200. If parties expect that the case will require a pretrial conference, they should request and schedule same sufficiently in advance of trial to permit same to be scheduled. 14. Failure to list a witness or exhibit pursuant to this order may result in the exclusion of that witness or exhibit from trial. 15. Should this matter be continued or not reached during the trial docket set forth herein, each time limitation and provision contained herein shall apply to the new trial date. 16. All time periods herein refer to calendar days. DONE AND ORDERED in Chambers, at Miami-Dade County, Florida, on this ___________________________. 16th day of May, 2020 2019-008931-CA-01 05-16-2020 5:10 PM __________________________________________ 2019-008931-CA-01 05-16-2020 5:10 PM Alan Fine CIRCUIT COURT JUDGE If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Aliean Simpkins, the Eleventh Judicial Circuit Court’s ADA Coordinator, Lawson E. Thomas Courthouse Center, 175 NW 1st Ave., Suite 2400, Miami, FL 33128, Telephone (305) 349-7175; TDD (305) 349-7174, Fax (305) 349-7355, Email: ADA@jud11.flcourts.org at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711. Copies Furnished to: nharney@hamiltonmillerlaw.com nmhservice@hamiltonmillerlaw.com Ahermida@forthepeople.com jjaime@forthepeople.com andreshermida29@gmail.com rhartleybelle@hamiltonmillerlaw.com Ana.Abrahantes-Garcia@miamidade.gov Nicole.Ramos-Barreau@miamidade.gov monica.barber@miamidade.gov frastai@miamidade.gov Jeane.Neal@miamidade.gov Ana.Abrahantes-Garcia@miamidade.gov service@floridamediation.com